The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

SEC. 10. No incumbrance upon land created
before or after the making q contract, or per-
provisions Of this act, shall operate upon the
building erected or material furnished. until the
lien in favor Of tho uerson performing the labor
or furnishing the material shall have been satis-
SEC. IL. It shall be the duty OF the court
where any doubt arises as to the construction Of
son performing any labor the full amount OF his
claim over and above all costs and reasonable
attorneys fee: to be determined by the court.
SEC T. All acts or parts OF acts inconsistent
with the provisions OF this act are hereby re-
pealed
SEC. Is. This act shall take effect and be in
force from and after its passage
Approved March 8th, 1887.
0s.
AN ACT to amend chapter 81, General Statutes
1873, regarding executors and administrators.
Be it enacted by the Legislature Of the State OF
Minnesota:
the General Statutes Of One Thousand eight hun
dred and seventy-eight ass be and the same
Is hereby ammended by adding thereto. after
section fourteen uD Of said chapter. the follow
Section Is. An executor or administrator
may at any time resign his Just, but such resig-
nation shall not be efiectual tor any purpose
unless the court shall enter its acceptance of the
same in the form of an order in the record which
the statute requires the court to keep of the ap-
pointment OF executors and Administered ors. and
shall have examined. allowed and approved his
final account.
Section Is. When the final account Of any
amined, allowed and approved by the court, in
the form and manner hereinbefOre provided, for
the examination of his administration account
order forever D dschsreine IS" such " Executor
or administrator from all the duties
powers and liabilities Of such trust, and
such order shall have the effect Of forever dis
charging such exector or administrator togetEc
with his suretes upon all bonds filed by him in
the estate. from all liability and responsibility in
respect to such trust at the expiration OF two
(2) years after the date OF such order: and after
the entry of such order, no action or proceeding
shall lie against such executor. administrator or
surctles, by reason OF anything which such
executor or administrator may have done or not
done while executing such trust. unless per-
mission to bring such action or proceeding is
hrst obtained from the probate court, upon
notice to such executor or administrators, and
upon proof, to the satisfaction of said court Of
probable intentional fraud or malteasance Of
such officer IN executing Snch trust: and in case
such action or proceeding is brought, the exc
cutor or administrator and his sureties shall
still be liable, such release and discharge not
wlthstand1ng. provided that the court jury,
upon the trial or hearing Of the same, find such
executor or administrator guilty OF intentional
fraud or malteasance in executing such trust,
but not otherwise: provided, however. that in
case improper credits shall have been allowed
or proper charges against him have been omitted
npon settlement: of his final account. by
mistake, the liability OF such executor or adj
ministrator shall remain in respect thereto as
at present. anything in this chapter to the con-
trary Notwithstanding
Section II. Nothing herein contained shall
be construed to ab;idse or affect the authority
or duty OF an executor administrator to per-
form, after the entry of such order OF discharge
any duty necessary TO the complete settlement
OF the affairs Of his testatOr or intestate as to
any matter previously omitted from administra-
tion: nor shall such discharge prevent an APP
peal being mace and had from the order and
Judgment upon such accounting. as provided by
statute:
section 49, The word executor" in this and
In other chapters relating to probate proceedings
shalt DE construed to include an administrator
with the will annexed"
SEC. 2. This act shall take effect and be in
force from and after its passage.
Approved March 9TH. 1887.
SO.
AN ACT to amend section enc ~ of chapter
twenty-five (22) OF the General Laws OF The
year one Thousand, eight hundred and seventy
two uS12). entitled . An act to promote the
science OF medicine and surgery in the State OF
Minnesota"
Be enacted by the Legislature Of the State of
Minnesota:
SECTION l. That section one D Of cha pier
twenty-five (22) OF the General Laws for the
year A. D. One thousand, eight hundred and
EeVenty-t"O llS72) be and the same is hereby
amended SO as to read as follows: 1t shall! be
the duty Of and it is hereby required OF the
wardens OF peniteatiaries, super. ntendeuts Of
poOrhouses. coroners, unuestakeTs and al other
ersonS under whose control or custody the re-
mains or body Ut any deceased person may come,
TO denver sucn remains or body to Il commit ee
Of three 81 who shall be appointed by the deans
u the several medical colleges and schools in
this STATE. and for the sicians, professors and
teachers IN such medical colleges and schools to
receive tha same fOr the purposes Of medical and
surgical study,
Provided. all expenses for the removal and
burial ut such remains or body shall be paid by
the college or medical school which shall receive
the SAM. and
Provided such committee so selected shall dis
tribute such remains or bodies pro rata among
SuCN medical colleges and schools in n
to the numbe1nt students enrolled therein; and
Provided, ! nat such remains shall not have
been regularly inferred, and shall not have been
desired tor intelmcat by any relative OF said de-
ceased within tlrty-si: hours after death; and
Provided also, That the remains Of no person
who may be known to have lelAtives shall be 20
dei"ercd or received without the consent OF
such relatives: and
Provided. That the remains Of no person de-
tanned tS Wltns SIS or under suspicion Of having
committed crime or any person WHO shall have
expressed desire in his or her last sickness,
thav his or her body may be Inferred, shall be
delivered or recelVed as aforesaid; and provided,
als,'. that Ill Case the remains OF any person so
delivered or received shall be subsequently
claimed by any relative they shall BE
given up to such relative for intecmcnt: and
provided also. that il any si.c: warden. SUPER
lntendent. undertaken or other person, in whose
cnstcdy or control any such remains or body
stall be. shall fail to notify and deliver over to
such committee so selected such remains or
body within thirtysiX (3G) hours after the same
shall have come into their possession. they shall
conviction therof be imprisoned in the county
Jail, for q period not exec .dng ninety 800 days
or pay me or not less than twenty $3.50
dollars or more than one hundred ($lUO) dollars,
or both in the discretion OF the court.
SEC 2 This act shall take effect aud be in
force from aud after Its passage.
Approved March 7th, 1887.
100.
AN ACT to prevent the practice of fraud by tree
peddlers and commission men in the sale Of
nursery stock.
Be it enacted by the Legislature of the State Of
minnesota
SECTION l. 1t shall be unlawful for any per
son, corporation or association to sell or offer
1or sale any tree. plant, shrub Or vine not grown
IN the State OF Minnesota without first fling
with the secretary Of state an affidavit setting
forth his name. aye, occupation and residence
ana, II an agent, the name. occupation and resi-
dence OF his principal, and q statement as TO
"hcfe the nursery STOCK aforesaid to be sold is
grown. tORethcr with bond to the State OF
minnesota IN the penal SUM OF two Thousand
tF2,OOO) dollars, conditioned to save harmless
any citizen OF this state who shall be cIefrauded
by any !aise or fraudulent representations rs to
the place where such stock sold by such person.
corporation or association grown, or as to It's
hardness for climate Provided. that the bond
aforesaid SHALL when the principal is resident
Of this state. be given by such principal, and
not nv the agent.
SEC 2. The secretary of the state shall on the
10N compliance with the foregoing provisions,
give to the applicant aforesaid a certificate I'M
DER his official seal setting forth in detail the
cant with the provisions OF this act. And said
applicant shall exhibit The same or a certified
tHered for sale.
SEC. 3. Any person, whether in the capacitv
OF principal or agent, who shall sell or offer for
or co. sN.:~.